75 Md. 596 | Md. | 1892
delivered the opinion of the Court.
Mrs. Eliza Lee filed a hill in equity, against the Baltimore Belt Railroad Company and the Mayor and City Council of Baltimore. The hill alleged that the complainant was the owner in fee of a, lot of ground in the City of Baltimore, and that the Belt Railroad Company had taken possession of it, and was using it for purposes connected with the tunnel which it was constructing, and that it had assumed to grant to the Mayor and City Council a license to use the lot, or a portion of it, for purposes connected with the building of a bridge over Jones’ Falls, and that the Mayor and. City Council had entered upon a portion of the lot and were occupying and using it. The prayer was for an injunction to prohibit the defendants from occupying the lot, and from doin'g any work of any description upon it, and also for a mandatory injunction requiring them to remove from it all their personal property and effects. The Court ordered an injunction to restrain them from occupying the lot and from carrying on any work upon it. The railroad company answered the bill of complaint and denied the title of the complainant as alleged, and set up a title to the lot in the Baltimore and Lehigh Railroad Company; and further stated that it had agreed with the Mayor and City Council to provide approaches for a bridge over Jones’ Falls, and that the occupation of the lot by the rail road company and the Mayor and City Council was by virtue of a license from the Baltimore and Lehigh Rail Road Company. The Mayor and City Council do not appear to have answered the bill of complaint. A motion to dissolve the injunction was made by the railroad company; and after testimony and hearing it was overruled. The railroad company has appealed..
If the complainant has the title which she claims, there does not seem to he any well groumled objection to
It remains to explain the nature and character of the complainant’s title. It appears that on the twenty-
At the time that the Armstrong trustees made the conveyance to Mrs. Lee they held the legal title to the land. They conveyed this legal title to Mrs. Lee for twenty-five thousand dollars; she, having notice that the trustees held the property merely as a security for debt, must of course hold it in the same plight and condition, affected by the same equities. But nevertheless she holds the title with all its incidents and advantages until she is paid the money for which it is security. And as the legal title of the trustees was consummated by the deeds from Black and wife in May, 1886, her deed has priority over all conveyances made by Capron and wife subsequently to that date, she being invested with the same title which was held by the trustees. The deed was made to Black for the benefit of the trustees in November, 1885; but it is sufficient for the present purpose to confine our attention to the legal transfer from him and his wife in May, 1886. The deed from Capron and wife to Miller was executed in May, 1889, and this is the origin of the title under which the railroad company claims the title to use and occupy the land. Without questioning the right of Miller’s assignees to call for a conveyance of the legal estate from Mrs. Lee when they pay her the amount for which she holds the lot as security; yet until they do so, they cannot have any right to the possession of the land as against her. Capron testifies that lie gave Miller no
Order affirmed, with costs, and cause remanded.